An investigation is underway after one Lipscomb police officer handcuffed and used pepper spray on another Lipscomb police officer, all while a baffled mayor looked on.

Authorities say Officer Warren Powe, once fired from the force and later reinstated, used Mace on fellow Officer William Henry Bynum Monday. Bynum was later taken to UAB West by paramedics to be evaluated after the pepper spray use but is said to be OK.

Powe, also a former Lipscomb police chief, had previously filed a lawsuit against McDade and other city officials after he was he was fired in 2013. A personnel board later reinstated Powe and the lawsuit was dismissed when a settlement was reached.

Also in 2013, McDade simply walked into the police department and shut it down. McDade then sent an email to the Jefferson County Sheriff's Office saying, "This is to inform that the City of Lipscomb has laid off its Police Department and Dispatch and is requesting Sheriff patrol for this weekend." The force was back on the job by that following Monday.

The latest drama began to unfold about 6:30 a.m. Monday when Bynum was involved in an accident in his police cruiser. McDade said a motorist pulled out in front of the officer and caused the one-vehicle wreck. Because a city vehicle was involved, McDade went to the scene. The Jefferson County Sheriff's Office also responded to work the wreck, he said.

Powe then showed up at the accident scene and began to take pictures, though McDade said he didn't know why Powe was there. McDade said Bynum told him he thought it was the law that he be drug tested following his wreck, so the mayor told the officer to get into his car and he would drive him to UAB West for the test. McDade said there is no city policy requiring a drug test and he later learned there is no law requiring one either. "It was better to be safe than sorry,'' the mayor said.

As the mayor and Bynum were en route to the hospital, Powe, with lights and sirens on, pulled them over on Avenue G at 14th Street. McDade said he got out of his vehicle and asked Powe if there was a problem. "Powe said you can't take him from the scene,'' the mayor told AL.com. "I told him Jefferson County had already cleared the scene, and I am his boss."

At that point, Bynum heard the two arguing and got out of the mayor's vehicle as well. Powe then asked Bynum, his fellow officer, if he was wearing his duty belt and was told he was not. "He kept asking him if he had any weapons,'' the mayor said. "There was no need for him to ask that either."

Bynum, authorities said, had his hands in his pockets because it was cold. It was then that Powe went after Bynum. "Powe lunged at Bynum and told him he was under arrest and Maced him,'' the mayor said. "He got on his back and handcuffed him. It was crazy."

"He ignored me as his supervisor and put him in his vehicle,'' McDade said. Once back at the police department, they washed out Bynum's eyes and then called paramedics to take him to the hospital. Sheriff's deputies were called to the hospital to take a report from Bynum, but sheriff's officials referred all questions about the incident to Lipscomb police.

Efforts to reach the police chief and Powe for comment were unsuccessful. The Jefferson County District Attorney's Office in Bessemer said they were contacted about the incident, but no warrants have been issued.

Bynum and Powe are two of Lipscomb's ten police officers. No one has been placed on leave, and authorities are trying to decide what to do next. "We're investigating and will make a determination about what we're going to do with him,'' the mayor said. "I'm talking with the chief and the city attorney."

The mayor said he doesn't know of any previous problems between Bynum and Powe. "It's caused a good ripple there,'' McDade said. "We've got a situation going on and we're trying to keep morale up. It's a challenge."

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